Jones v. C. & O. R. R.
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of Kanawha county, rendered on the 10th day of June, 1876, in an action in ejectment in said court then pending, wherein William A. Jones and others were plaintiffs, and the Chesapeake and Ohio Bail-road Company was defendant, awarded on the petition of said plaintiff. Hon. Jos. Smith, judge of the seventh judicial circuit, rendered the judgment appealed from.
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Writ of error and supersedeas to a judgment of the circuit court of Kanawha county, rendered on the 10th day of June, 1876, in an action in ejectment in said court then pending, wherein William A. Jones and others were plaintiffs, and the Chesapeake and Ohio Bail-road Company was defendant, awarded on the petition of said plaintiff. Hon. Jos. Smith, judge of the seventh judicial circuit, rendered the judgment appealed from. Joi-INSON, Judge, furnishes the following statement of the case: In October, 1874, the plaintiff brought an action in ejectment against the defendant., claiming in fee a…
1Opinion of the CourtJohnson, Judge
As most of the-questions for adjudication in the record are presented by the instructions given and refused, we will consider the instructions in their order, beginning with those asked for by the plaintiff, and refused by the court.
The first instruction was properly refused, as among other reasons it ignores the fact, that the condition therein referred to may have been waived by the grantor in the deed, or by the act of said grantor it might have been impossible, or unnecessary, to comply therewith.
The second instruction, “that if the jury believe from the evidence that the defendant failed…
2Cases cited2 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Jones v. Doe ex dem. BrambletIllinois Supreme Court · 1836
3Cited by13 opinions
- Tapscott v. CobbsSupreme Court of Virginia · 1854
- Toppins v. OshelWest Virginia Supreme Court · 1955
- King Iron Bridge & Manuf'g Co. v. City of St. LouisU.S. Circuit Court for the District of Eastern Missouri · 1890
- Phillips v. GannonIllinois Supreme Court · 1910
- Spies v. Arvondale & Cleveland RailroadWest Virginia Supreme Court · 1906
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